OS LIMITES DO RECONHECIMENTO FACIAL POR INTELIGÊNCIA ARTIFICIAL E O DIREITO À PRIVACIDADE

Abstract

The use of facial recognition technologies based on artificial intelligence (AI) has expanded in various contexts, such as public security, border control, and private services. However, this diffusion has sparked intense debate about its impact on fundamental rights, particularly the right to privacy. This article critically analyzes the limits of facial recognition from a constitutional perspective, highlighting the risks of mass surveillance, algorithmic discrimination, and violations of individual rights. The research adopts an interdisciplinary approach, engaging with legal doctrine, international human rights documents, and Brazilian and foreign court decisions to examine the compatibility of this technology's use with the principles of human dignity, proportionality, and the protection of personal data. The lack of specific regulation in Brazil increases privacy risks and exacerbates social inequalities, making it essential to develop a regulatory framework that ensures transparency, democratic oversight, and respect for fundamental rights in the face of technological innovations.